Department of Justice files lawsuit against Houston County and Board of Commissioners

HOUSTON COUNTY — The United States Department of Justice has filed a lawsuit against Houston County and the Board of Commissioners for violating Section 2 and Section 12(d) of the Voting Rights Act. 

According to the lawsuit, Section 2 of the Voting Rights Act prohibits enforcement of voting qualification, prerequisite to voting, standard, practice or procedure that results in the denial or abridgment of the right to vote on account of race, color or language minority status. 

The lawsuit said the voting process in Houston County has weakened the voting strength of Black citizens, thus violating Section 2 of the Voting Rights Act. 

The lawsuit also referenced Houston County’s demographics and geography.

“According to a 2020 Census, Houston County has a population of 163,633, including 86,211 White persons (52.7%) and 54,148 Black persons (33.1%). Houston County also has a voting-age population of 122,118, including 68,018 White persons (55.7%) and 38,329 Black persons (31.4%),” the lawsuit said. “Houston County contains geographically and socially distinct Black and White communities, with the Black community concentrated in north and east Warner Robins. Churches and other community organizations also reflect racial separation.”

The lawsuit also said there are 105,000 registered voters who are active in the elections including approximately 55,000 White voters making up about 55% and 32,000 Black voters making up about 30%. 

“The Black population of Houston County is sufficiently numerous and geographically compact to constitute a majority of the voting-age population and the citizen voting-age population in a single-member district for the Houston County Board of Commissioners under a five-district plan,” the lawsuit said. “Analysis of votes cast within such majority-Black district in a five-district plan indicates that Black-preferred Black candidates would have won a majority of votes in the most recent contest between a Black candidate and a White candidate for the Houston County Board of Commissioners, as well as in other interracial countywide contests. Thus, Black voters would have the opportunity to elect their preferred candidates in elections conducted solely within the boundaries of such a district.” 

The lawsuit referenced the history of the elections of the Houston County Board of Commissioners. 

“Since Reconstruction, only one Black candidate, Houston Porter, has been elected to the Houston County Board of Commissioners,” the lawsuit said. “Porter defeated an incumbent in a primary runoff election by only 49 votes and was uncontested in the general election. Porter was reelected in 1984 and 1988 and declined to seek reelection in 1992.”

The lawsuit stated that Black candidates have run as a Democrat, Republican and Independent and have run in 1992, 1994, 2002, 2016, 2020 and 2022, all being defeated in partisan primaries or general elections. 

“Black voters consistently vote for Black candidates for the Houston County Board

of Commissioners. Since 2002, at least 85% of Black voters have supported Black candidates in general elections for the Houston County Board of Commissioners,” the lawsuit said. 

The lawsuit also added more relevant topics including Houston County having racially-charged incidents still happening today. 

“In the last year alone, students at a local high school were filmed mimicking the Ku Klux Klan, and the Houston County School District agreed to implement anti-discrimination training after acknowledging racial harassment and retaliation concerns arising from an athletic coach’s conduct,” the lawsuit said. 

Other topics included in the lawsuit stem from Black residents of Houston County still being discriminated against in education, health and employment. 

“Elections for the Houston County Board of Commissioners are characterized by

practices and procedures that impair Black voters’ opportunity to elect commissioners of choice. These include, but are not limited to, the use of numbered posts, staggered terms, and runoff elections,” the lawsuit said. “Under the totality of circumstances, the current method of electing the Houston County Board of Commissioners results in Black citizens having less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice, in violation of Section 2 of the Voting Rights Act.”

Houston County issued a statement regarding the allegations. The statement said the DOJ notified the county on Dec. 19, 2024, that they have been conducting a multi-year Voting Rights Act investigation. 

“We immediately began our own investigation and requested additional information from DOJ regarding what its investigation found. Houston County officials met with DOJ on January 8, 2025, to obtain additional information from them and further discuss the allegations. DOJ then proceeded with filing its lawsuit on January 16, 2025,” the statement said. “Houston County will always follow the law. At this time, Houston County is continuing to investigate the allegations made by DOJ and determine whether the evidence supports those allegations. We will also continue to speak with members of the community about DOJ’s claims. Importantly, the DOJ lawsuit does not contain any allegations of intentional racial discrimination in Houston County.”

The statement also said the county did not feel the need to respond in fewer than 30 days to a multi-year investigation, especially before they were able to obtain all of the relevant evidence. 

“Again, Houston County will always follow the law. If we determine if we agree with DOJ regarding a possible violation of the Voting Rights Act after reviewing all of the documents and evidence, we will take appropriate action at that time,” the statement said.